Legal Fundamentals and Divisions of Law

hasanahatesenglish's version from 2016-04-17 22:47

Section 1

Question Answer
Presumption of Innocencecrown is responsible to prove u are guilty. our system would rather let 100 guilty people go free than to convict 1 innocent person.
Habeas Corpus"to have the body" canadians have the right to not be randomly detained. u must be released after 48 hours. they CANNOT ARREST WITHOUT REASONABLE CAUSE
The Right to be Fair and Responsible TRIAlu CANNOT BE HELD IN JAIL WAITING FOR TRAIL FOR A LONG TIME. for example 100,000 impaired riving charges were thrown out in ontario because it was taking too long to bring them to trial.
equality before the Law (justice is blind)everyone must be tried BASED ON EVIDENCE. decision CANNOT BE MADE BASED ON SEX, AGE, ETHINCITY OR SEXUAL ORIENTATION.
british common law (except quebec)we have the RIGHT JURY, protection against making urself look guilty (self incrimination). double jeopardy )tried for the same offense twice AND USE OF PAST CASES AS A GUIDE FOR HOW A CASE WILL BE TRIED AND PUNISHMENT GIVEN

Section 2

Question Answer
there are 2 main divisions of lawcriminal and civil law.
criminal law deals withcrimes commited against the community (murder theft rape arson robbery)
civil law deals with disputes, individuals and groups (people)
in order for a crime to be a crime, the act must be prohibited by thecriminal code of canada
in order for a crime to be a crime, there must be intent. the accusedmust have the intent to commit the crime
in order for a crime to be a crime, the accused must have been able to understandand appreciate the nature of act and its consequences.
types of criminal offenses: summary offensethese are minor offenses (shop lifting, petty theft, and graffiti) most severe sentence is a $2000 fine and/or six months in jail
types of criminal offenses: indictable offenseserious crimes! OFTEN BUT NOT ALWAYS. there is early hearing to determine if there is sufficient evidence to PROCEED TO A TRIAL FOR THESE TYPES OF OFFENSES. the accused hasa choice to have a judge or jury decide the case
types of criminal offenses: hybrid offencescrown attorney has choice between the summary or indictable offence.

Section 3

Question Answer
what is bail?bail is the temporary release of an accused person in exchange for money or some form of security to ensure the ACCUSED WILL APPEAR FOR RIAL. U RECIEVE BAIL BECAUSE IT HAS TO BE FIRST OFFENCE.
what is a plea bargin?deal between crown and defendant. defendant will plead guilty for a lighter sentence. the crown will meet with the defense a propose a plea bargain. crown will not demand jail tim for the defendant.
trial process: the crown makes the opening statement,identifies the offence commited and summarizes evidences presented to accused
trial process: witnessses, they will exam the witnesses,each witness takes an oath on swearing to tell the truth, either by swearing on the bible or making a formal statement. witness lies = charged with perjury
trial process: defence: follows the same procedure as crownif suspect had an alibi (form of defense) for the crime, they would present it. crown cross will examine defence witnesses
trial process: crown, then defence: each side makes a final say to judge and jurysummarizes the main points of the case
judge: charges the juryexplains the charges as defined in the criminal code. INDICATES ALL JURY MEMBERS MUST AGREE ON THE OUTCOME OF THE DECISION.
parole: early releasewith conditions such as reporting to a parole officers (not leaving a community accepting curfew.
impact statement: series of paragraphs written by either the victim or relatives of a victim. outlining the action of the convicted affected their lives.

Section 4

Question Answer
civil lawcivil case is brought to trial by individual citizens or groups
civil cases rarely involve a jury.they are almost always decided by a judge.
the court can award damages to the plaintiff.a plaintiff is the person making the complaint in a court of law (citizen/company)
contract law:attempts to resolve what are and what are not legal contracts. this includes purchases, services, accommodation or employment.
law of tortslaws are concerned with wrongs commited by one person against another. example: when individual suffers injury/loss because of someone else's actions (act of commission) or bc of somebody elses failure to act (negligence or acts of omission) the injured party can form a lawsuit and bring it to court.
family lawdeals with relationship amoung family members and includes issues such as marriage, divorce, alimony, child custody, and child support.
contract law/conflict resolution: negotiationinvolves direct communication between the two disputing parties, outcome is mutal, binding a contract
contract law/conflict resolution: mediationinvolves a neautral third party facilitator. helps the two parites arrive at a mutual resolution
contract law/conflict resolution: arbitrationinvolves a neautral third party who recieves arguments from 2 disputing parties. MAKES A FINAL BINDING DECISION

Section 5

Question Answer
suspended sentencethis means there is no actual punishment is imposed as long as guilty person stays out of trouble for a p0eriod of time. at the end of this time, persons record is wiped clean. this is given to first time offenders for less serious crimes. if that person does commit a crime during that period of time, they must serve the original penalty, and then they are tried for their new crime.
probationjudge may release you, but you will be assigned a probation officer who will monitor your activity for a period of time. there are often restrictions attached such as not going to public places (schools malls) and curfews
finesjudge may order you to pay a fine
community serviceguilty person must service the community in some manner (garbage, pick up, public speaking)
imprisonment for two years less a daythese are minimum and medium security prisons
imprisonment for more than two yearsguility person is sent to a federal prison that is max security. after serving 3/4 of the sentence, the accused can apply for parole. the max penalty in canada is a life sentence with no sign of parole for 25 years.

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